ADA Website Accessibility Lawsuit: an Online Apparel and Accessories Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit against an online apparel and accessories retailer in the United States District Court for the Southern District of Florida on March 26, 2021. The complaint alleges that the e-commerce website, which sells high-end apparel, shoes, jewelry, and accessories, fails to provide equal access and effective communication to visually disabled users.
Specific violations cited include inaccessible pop-ups, mislabeled social media links, an unlabeled search link, unlabeled images, unlabeled product size and color options, inaccessible product prices, and improperly labeled quantity options. Furthermore, the website reportedly lacks prompting information for online forms, an accessibility notice or policy, and does not meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher, preventing full use by individuals relying on screen reader software.
This action highlights the ongoing legal risk for online businesses that fail to ensure their digital platforms are fully accessible to individuals with visual disabilities, particularly those relying on screen reader software. Businesses operating e-commerce websites must implement comprehensive accessibility measures to comply with ADA Title III and avoid potential litigation.
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Case Q&A
What specific WCAG violations is this online apparel and accessories retailer accused of?
The lawsuit alleges inaccessible pop-ups, mislabeled social media links, an unlabeled search link, unlabeled images, unlabeled product size and color, inaccessible product prices, and improperly labeled quantity options. It also claims the website lacks necessary prompting information for online forms, an accessibility notice, and does not meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This case underscores the legal risk for e-commerce businesses that fail to ensure their websites are accessible to disabled users, especially those using screen readers. Non-compliance with ADA Title III can lead to similar lawsuits seeking injunctive relief and attorney's fees.